At Trump trial, Stormy Daniels’ ex-lawyer Keith Davidson particulars fallout from “hush cash” fee

An lawyer who represented two girls looking for funds in 2016 for his or her silence about alleged sexual encounters with Donald Trump continued his testimony within the former president’s prison trial on Thursday, detailing the aftermath of the “hush cash” fee on the heart of the case.

Keith Davidson, a Los Angeles-based lawyer, advised jurors about how he represented Stormy Daniels in talks with Michael Cohen, then Trump’s lawyer, towards the tip of the 2016 presidential marketing campaign. Daniels finally agreed to maintain her story below wraps in change for $130,000, paid by Cohen.

Earlier within the week, Davidson testified about his work for an additional shopper, the mannequin Karen McDougal, who additionally mentioned she had intercourse with Trump and sought a deal for the rights to her story. McDougal was paid $150,000 by the mum or dad firm of the tabloid journal the Nationwide Enquirer for her account, as a part of what prosecutors say was a scheme to bolster Trump’s marketing campaign. The tabloid by no means printed her claims.

Cohen is anticipated to be referred to as later within the trial as a key witness towards Trump, who has pleaded not responsible to 34 felony counts of falsifying enterprise data. Trump denies committing the crimes and says he didn’t have intercourse with Daniels or McDougal.

In courtroom on Thursday, Davidson mentioned Cohen was “depressed and despondent” within the weeks after the election, when Trump declined to deliver him to Washington to serve in his new administration. He additionally advised jurors what unfolded behind the scenes when the Daniels fee got here to gentle in 2018, when he fielded indignant cellphone calls from Cohen threatening authorized motion.

Earlier than Davidson took the stand, Decide Juan Merchan held a listening to over whether or not Trump must be held in contempt of courtroom and fined for 4 extra alleged violations of a gag order Merchan imposed earlier than the trial. The order limits what Trump can say about these concerned within the case, together with probably witnesses and jurors. Prosecutors urged the choose to once more impose fines of $1,000 per violation however mentioned they weren’t looking for jail time. Merchan didn’t instantly concern a call.

Keith Davidson’s testimony

Beneath questioning by prosecutor Joshua Steinglass, Davidson detailed the settlement settlement between Daniels and Trump that Davidson finally reached with Cohen days earlier than the 2016 election. He mentioned the deal included a $1 million penalty for any breach, a provision he mentioned was “unenforceable.” Trump by no means signed the paperwork, which used pseudonyms for him and Daniels.

Davidson recalled the hours and days after Election Day on Nov. 8, 2016, when Trump gained the presidency. Steinglass displayed a textual content change between Davidson and Dylan Howard, the editor of the Nationwide Enquirer, within the early morning hours of Nov. 9. Davidson mentioned, “What have we finished?” Howard replied, “Oh my god.”

“This was type of gallows humor,” Davidson mentioned on the stand, later explaining, “There was an understanding … that our actions not directly might have assisted the presidential marketing campaign of Donald Trump.” 

He mentioned Cohen would name him “pretty regularly” within the weeks after the election. He recalled one dialog that occurred on a Saturday morning in mid-December.

“It was an extended name, and he had advised me he was depressed and despondent and mentioned that I — and he used very colourful language about that stage in his life,” Davidson mentioned. 

Steinglass mentioned Davidson may quote the “colourful language” Cohen used.

“He mentioned one thing to the impact of, ‘Jesus Christ, are you able to f–king consider I am not going to Washington, after every part I’ve finished for that f–king man?'” Davidson recalled. “‘I am unable to consider I am not going to Washington. I’ve saved that man’s ass so many instances, you do not even know.'”

He mentioned Cohen advised him he “by no means even bought paid” and that Trump was “not even going to pay me the $130,000 again.”

The Stormy Daniels settlement emerges

Quick-forwarding to 2018, Davidson recounted how the Daniels fee first got here to gentle. He mentioned a reporter from the Wall Road Journal emailed him on Jan. 10, 2018, looking for remark for an article about Daniels and Trump. 

Davidson mentioned he denied the allegation of a sexual encounter between Trump and Daniels and forwarded the e-mail to Cohen. “I feel I had a contractual obligation to allow them to know that one thing was about to be printed,” he advised the courtroom. Cohen advised him to write down a “sturdy” response denying “every part.”

That very same day, Davidson ready a press release below Daniels’ title, one which she would later resign. The assertion mentioned that allegations of “a sexual and/or romantic affair with Donald Trump many, many, a few years in the past” had been “completely false.”

On Jan. 12, the Wall Road Journal printed a narrative revealing the “hush cash” association for the primary time, below the headline: “Trump Lawyer Organized $130,000 Fee for Grownup-Movie Star’s Silence.” The story included the supposed denial by Daniels, which Cohen additionally circulated to different information retailers.

On the stand, Davidson mentioned an “extraordinarily strict studying of this denial would technically be true.”

“I do not suppose anybody had ever alleged that any interplay between [her] and Mr. Trump was ‘romantic,'” he defined. Daniels would later allege that Cohen used “intimidation and coercive techniques” to get her to signal on to the assertion.

Every week later, on Jan. 17, Davidson mentioned Cohen advised him he had organized for Daniels to seem on Sean Hannity’s Fox Information program. Cohen later reconsidered, telling Davidson in a textual content that “the clever males all suppose the story is dying and do not suppose it is good for her to do any interviews.” Davidson replied, “100%.” 

“This was type of in considered one of [Cohen’s] pants-on-fire levels, and he was working round planning issues after which when he ran it up the flagpole and consulted somebody or some group, whoever ‘clever males’ are, they did not truly suppose it was a good suggestion for her to seem on ‘Hannity,'” Davidson testified. Daniels by no means appeared on the present.

After Trump’s State of the Union tackle on Jan. 30, Daniels appeared on ABC’s “Jimmy Kimmel Stay!” however declined to substantiate or deny she had intercourse with Trump. Earlier that day, Davidson ready a second assertion below Daniels’ title denying the encounter. In her interview with Kimmel, Daniels hinted that the signature below the assertion was not hers, an assertion Davidson disputed on the stand.

“Not possible,” Davidson texted Cohen, saying she signed it in entrance of him.

At that time, Davidson mentioned he was “making an attempt to string the needle” and keep away from triggering allegations that Daniels had breached her contract with Trump. “We’re making an attempt to placate him whereas additionally making an attempt to satisfy Stormy’s wishes,” he testified.

Davidson mentioned Cohen threatened to sue Daniels “many instances.”

“He generally is a very aggressive man. Aggressive in his pursuits to guard his shopper, and he would oftentimes make authorized threats, say that he would bankrupt her and rain authorized hell down on her, and, ‘Do not f–k with us, you do not know who you are f–king with,” he mentioned. “He wished to disclaim her story to guard his shopper.”

Davidson below cross-examination

Emil Bove, an lawyer for Trump, started his cross-examination of Davidson after Steinglass concluded his questions. He prompt that Davidson “will be aggressive, too,” similar to Cohen.

Bove ran by means of a collection of questions on different purchasers the Hollywood lawyer had represented, together with girls who made allegations towards Charlie Sheen, and individuals who allegedly shopped intercourse tapes of Hulk Hogan and Tila Tequila.

Bove requested Davidson if these offers and others required that Davidson perceive “getting proper as much as the road with out committing extortion.”

Davidson repeatedly mentioned he did not fairly perceive what Bove was getting at.

Davidson declined to debate the small print of offers, finally citing attorney-client privilege when Bove requested if he had “extracted” cash from Sheen. Throughout one tense change, Bove mentioned, “Look, we’re each attorneys, I am not going to play lawyer video games with you,” including that he simply wished truthful solutions.

“You are getting truthful solutions, sir,” Davidson mentioned. “I am not going to debate confidential issues.” 

Davidson then added, “Should you’re not right here to play authorized video games, do not say ‘extract.'”

Bove confirmed Davidson a report from the Tampa Police Division about an investigation into the Hogan matter. Davidson was not charged, however acknowledged that the investigation seemed into whether or not extortion was dedicated.